ABSTRACT

Chapter 7 deals with compulsory self-incrimination. The first half of the chapter covers Fifth Amendment protection against government compulsion to disclose information that could later be used against a defendant in criminal proceedings—including the range of proceedings in which the Fifth Amendment can be invoked and when limitations exist; how the protection may be invoked; how the protections may be waived; and how it is overridden through grants of absolute or transactional and use immunity. The second half of the chapter deals with Fourth Amendment protection against compulsory production of real or physical evidence; using the accused’s body, such as lineups, handwriting, and voice exemplars; extraction of body tissues and fluids for forensic analysis, and strip and body cavity searches.